A New York investment banker has been indicted on charges of manslaughter, reckless endangerment and endangering the welfare of a child stemming from a boating fatality two years ago. The 41-year- old Jersey City resident recently pleaded not guilty in a Manhattan Supreme Court. [Read more…]
New York City’s Bike Share Program Delayed until Next Spring
New York City Mayor Michael R. Bloomberg announced last week that the controversial Bike Share program that was scheduled to start this summer will not begin until next spring. The mayor cited software problems as the reason for the delay. Bike enthusiasts and others are divided as to whether the Bike Share program is a good idea. [Read more…]
Forklift Accidents Not Unusual at Construction Sites
A forklift operator was killed on the job September 2012 in Rockaway, N.J., when the machine fell on top of him, according to the Associated Press. The 52-year-old Egg Harbor Township man was employed by a painting contractor and was working on renovations behind a department store at the time. [Read more…]
Party Bus In Which Teen Was Killed May Have Violated N.J. Height Limits
Parents and teens across the country were shocked at the death of a 16-year- old Sayreville, N.Y., student aboard a party bus over the Labor Day weekend. It now appears as though the bus may have been operating illegally from the moment it crossed into New Jersey. [Read more…]
World Trade Center Site Is Scene of Another Construction Accident
A construction worker was seriously injured last week when he slipped and fell 15 feet to the ground as he was installing a steel beam at 3 World Trade Center in New York City. He suffered a head injury and broke both arms, according to news reports. Only a thorough investigation by authorities will tell us why the accident occurred; however, John Gallagher, a spokesman for Tishman Construction, which serves as the construction manager for 3 World Trade Center, said that at the time the worker was following all OSHA-prescribed safety procedures. [Read more…]
Can I Sue the Estate of the Person Responsible for My Injuries?
The legal system in the United States allows a victim who has been injured in a personal injury accident to file a lawsuit against the person, or entity, responsible for those injuries in order to recover damages. But what happens if the person who is responsible for your injuries is deceased? This is a question that comes up frequently and one that actually has a fairly simple answer. If the person responsible for your injuries is deceased, you are entitled to pursue compensation for your injuries by suing the decedent’s estate. Although the answer is rather simple, pursuing a lawsuit against someone who is deceased can be complicated and time consuming because of the procedural requirements involved. [Read more…]
Ginarte Law Firm Fights Against Excessive Police Force
Earlier this summer, Firm Founder Joseph A. Ginarte announced the filing of a federal lawsuit against the City of New Brunswick and its Police Department. The case involved the tragic police shooting of Victor Rodriguez, a 19 year old resident of New Brunswick. On the night of January 31, 2012, Mr. Rodriguez was shot in the back by New Brunswick Police Officers as he was attempting to break up a fight. Mr. Rodriguez sustained traumatic injuries including paralysis of his lower extremities. As a result, Mr. Rodriguez will require the use of a wheelchair for the rest of his life. [Read more…]
You Have The Right To Adequate Security
Each year the FBI releases data on violent crimes throughout the country. Consistently, the FBI in their Uniform Crime Report find that over a million violent crimes are “reported” each year. Individuals generally rely on security when they are at bars, hotels, restaurants, shopping centers, or apartments. Many victims of these violent crimes are unaware that they may have the right to seek compensation as a result of being the victim of a crime. [Read more…]
New York’s Dram Shop Laws – When Is A Bar or Restaurant Liable for a Drunk Driver’s Actions?
Despite the best efforts of groups like Mothers Against Drunk Drivers, or MADD, and government campaigns to educate people about the risks of driving under the influence of drugs or alcohol, we continue to hear news accounts of drunk drivers who seriously injure, or even kill, innocent motorists and pedestrians. [Read more…]
Conscious Pain & Suffering in a Wrongful Death Action: Sanchez v. City of New York
In New York, the individuals who may recover damages in a wrongful death claim are set forth in the New York Estates, Powers & Trusts Law 5-4.1 et seq. (commonly referred to as the “Wrongful Death Statute(s)”) which also lists specific requirements a party must follow in order to successfully prosecute a claim. For example, a duly appointed representative of the decedent’s distributees may bring the wrongful death claim on their behalf against the tortfeasor who committed the conduct which caused the decedent’s death. [Read more…]
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